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Lekota wins court battle to remain Cope president

7th June 2010

By: Sapa

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Mosiuoa Lekota on Sunday won his battle in the High Court in Johannesburg to remain president of the Congress of the People (Cope).


The decision by Judge Rami Mathopo effectively overturns a vote of no confidence made against Lekota and Cope head of communications Phillip Dexter at the party's policy conference on May 28.

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Mathopo described the vote of no confidence as an "ambush" and "illegal" and said that it showed a "flagrant disregard against the rules of natural justice".


"The way that this case has been done has the hallmarks of political nudging and elbowing."

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Mathopo ruled that Lekota and Dexter should have been included in deliberations ahead of the vote to make representations on their own behalf.


The vote of no confidence came on the heels of Dexter and Lekota successfully winning a court interdict stopping Cope deputy president Mbhazima Shilowa and general secretary Charlotte Lobe from proceeding with an election.


"To ambush them with the resolution after they have been to court is unconscionable and against Cope's constitution, which says that elections are to be free and fair," said Mathopo.


He also noted that the party's constitution made no provision for a vote of no confidence.


In addition to affirming Lekota and Dexter to their positions, Mathopo issued an interdict preventing any interference in the party's parliamentary delegation and ordered Shilowa and Lobe to pay for the costs of the court proceedings.


As Mathope concluded, Cope members-who packed the courtroom, began to break out into a clamour.


Lekota supporters cheered and began singing 'Terror, my president' while Shilowa's supporters quietly filed out.


In the aftermath of the ruling, Lekota and Dexter attempted to strike a reconciliatory note.


Speaking from the high court stairway, Lekota thanked his own supporters as well as Shilowa's for their "good behaviour" during the court proceedings.


"I would like to express my deep gratitude... to those who have supported my application and those who supported my opponent Mr. Shilowa," said Lekota.


The group of dozens of supporters then left for Cope House in Braamfontein for a press conference where a message of unity was re-iterated.


"There are no two Copes, there's one Cope," Lekota said outside Cope House.


"We will call a meeting with the Congress National Committee," he said, referring to the party's highest decision-making body.


Dexter called on the party to move on past the court battle.


"Now all members of the party and its leaders in particular must put this ugly chapter behind us," he said.


"There must be no grudges born, no witch-hunting and no driving of members who have made mistakes out of the party.


However, Dexter at the same time promised to take action against those he claimed have misused millions of rands of party parliamentary funds. Among those accused was Shilowa.


"We are committed to [moving on], while at the same time ensuring accountability for actions that have been taken, particularly in relation to the finances of the party which have yet to be properly accounted for," said Dexter.


Lekota also used the press conference to defend his court action to the party's voters.


"It would have been the height of irresponsibility to sacrifice principle," he said.


"If we had [not gone to court] it would have betrayed the trust you placed in us.


"Unpleasant as it was, it was unavoidable."

 

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